Last week the Divisional Court allowed the Attorney General’s motion for leave to appeal the 46-page decision of Justice Eugenia Papageorgiou that prevented GAJE’s application for fair educational funding from being thrown out of court.
The Divisional Court attached no reasons to its decision. The endorsement on the record reads: “The motion for leave to appeal the order of Papageorgiou J. dated August 21, 2023 (2023 ONSC 3722) is allowed. Pursuant to the agreement between the parties, no costs are ordered.”
Of course, GAJE is disappointed. Moreover, without an explanation of the court’s reasoning, we are also puzzled.
Justice Papageorgiou’s 46-page decision is a landmark. Granting leave to appeal it does not mean that the Divisional Court judges considered it to be wrong, only that it raised significant, issues for further argument. We do not believe the ruling by the Divisional Court should be read as a rejection of Justice Papageorgiou’s decision. Her decision dealt with important constitutional issues that the Court obviously felt required further consideration.
It is important to remember that the decision being appealed is the one that allows GAJE’s application to proceed through the courts. Justice Papageorgiou’s decision made no ruling on the merits of our application for fairness in educational funding.
Our disappointment, however, does not deter us. Nor will it ever. GAJE is guided by our belief in the importance and in the correctness of our cause. It is we – all of us – who must try to bring about the future we wish for our children and for all generations thereafter. We will not be passive to events unfolding around us.
We paraphrase Rabbi Tarfon’s wise counsel so very long ago: “The time is short. There is so much work ahead of us. We may not be able to finish it. But we are not permitted to stop trying.” And as Hillel would have likely added: “If not now” – especially during these difficult times for the Jewish people worldwide – “then, when?”
We now await a hearing date for the province’s appeal. We will not stop.
•••
If you wish to contribute to GAJE’s lawsuit for fairness in educational funding, please click here.
For further information, please contact Israel Mida at: imida1818@gmail.com
Charitable receipts for donations for income tax purposes will be issued by Mizrachi Canada. Your donations will be used for the sole purpose of underwriting the costs of the lawsuit.
•••
Shabbat shalom
Grassroots for Affordable Jewish Education (GAJE)
February 2, 2024
Am Yisrael Chai
Grassroots for Affordable Jewish Education 